Already Park County’s elected coroner, Cody resident Cody Gortmaker is running for another elected position that would give him a role in all stages of death in his local community.
Gortmaker is running unopposed with two other candidates for three open seats on the Riverside Cemetery District, the local cemetery board for the Cody area. Gortmaker is also the manager and funeral director of Ballard Funeral Home, the only funeral home in the city.
Once elected, Gortmaker will serve simultaneously in all three roles.
The position of coroner is paid, while serving as a trustee of the cemetery district is not.
Some Cody residents reached out to Cowboy State Daily questioning if it’s a conflict for the elected coroner and funeral home manager to also be on the local cemetery board.
How Can He Do It?
Wyoming law 22-2-116 states that no person can hold elected office for “any governmental entity which either provides any funding for or receives any funding from another governmental entity in which that person holds elected public office.”
What that means is, Wyoming residents cannot serve in the state Legislature while being a county commissioner. It also means that Gortmaker couldn’t serve as a county commissioner while also the coroner or as a trustee for the cemetery district.
But as coroner, Gortmaker doesn’t dictate any funding for the cemetery district, or vice-versa.
“Since the coroner’s office and Riverside Cemetery Board have zero financial ties to each other, I was told that it isn’t a conflict of interest,” Gortmaker said. “I took that at face value.
“I was transparent with them prior to confirming that I would be open to serving on the board, and I am only looking to serve with the best intentions of representing the very special people I am privileged to work for — families who have experienced loss of a loved one.”
Gortmaker told Cowboy State Daily he reached out to the Park County elections office to make sure he was legal to run for the board. A staff member at the elections office told Cowboy State Daily they referred Gortmaker to Park County Attorney Bryan Skoric.
Wyoming law 22-6-112 also states that no candidate's names shall appear on the same partisan ballot more than once, except in the case of party precinct members or those running for U.S. vice president or president, but makes no mention of nonpartisan positions. The position of coroner is partisan, which Gortmaker was elected as a Republican in 2022. The cemetery board is nonpartisan.
Should He Do It?
Natrona County Coroner James Whipps said he sees no conflict of interest or ethical issues with Gortmaker running for the cemetery board and said ,“All the power to him.”
“I don’t see anything wrong with it. It shouldn’t affect what he’s doing as coroner,” Whipps said.
Cemetery boards usually focus on logistical issues for their cemeteries such as irrigation problems and maintenance, rather than anything with the handling of dead bodies that Gortmaker does as coroner and funeral home director.
“The role of coroner is to investigate unattended deaths and work with law enforcement and doctors to determine cause of death,” Gortmaker said. “The role of the cemetery board is to set policy as it pertains to running Riverside Cemetery. The two roles have no direct ties, nor are there any financial implications between the two.”
Whipps also said many local cemeteries are already deeply connected with their local funeral homes.
“It’s more of an investment function, not necessarily the back-end stuff,” Whipps said.
In Wyoming, it’s also not uncommon for many of the same people to serve on a number of boards in one community due to the fact that it’s often a challenge to get people to fill these boards. Whipps mentioned how he sits on about a dozen boards in addition to his coroner duties.
“I have nothing to gain by serving on the board other than to represent my community,” Gortmaker said. “I do have lots to give. I serve on many boards and know when to recuse myself when necessary. Funeral directors and coroners have been on the cemetery board for decades and I believe their role has always been to be the voice of the families that the cemetery most directly serves.”
Leo Wolfson can be reached at leo@cowboystatedaily.com.
